4.  The applicant was born in 1947 and lives in Austria.
5.  On 11 March 1992 the Kärnten Regional Government (Landesregierung) dismissed the applicant’s request for a permit under the Kärnten Environmental Protection Act (Naturschutzgesetz) to build a tool shed on his agricultural and forestal estate. It noted that the project was contrary to the objectives of the area zoning plan (Flächenwidmungsplan) as a tool shed was not necessary in order to cultivate a forestal estate of less than 10 hectares.
6.  Two further requests of the applicant for the granting of a permit were rejected on the ground of res iudicata: On 28 November 1994 the Kärnten Regional Government found that the extension of the applicant’s forestal estate to approximately 6 hectares did not constitute any relevant change of the circumstances. The Administrative Court confirmed this decision on 23 October 1995. On 16 January 1996 the applicant again requested a permit and submitted that he had acquired further 13 hectares of land. On 22 August 1997 the Kärnten Regional Government rejected this request as it found that the purchase contract was not valid and there was, therefore, no change of the relevant circumstances.
7.  On 2 April 1998 the applicant again requested a permit for the tool shed which he had in the meanwhile built. He submitted that the relevant circumstances of his case had changed in that his brother-in-law was disposed to rent him approximately 5 hectares of land.
8.  On 5 October 1998 the applicant filed a request for transfer of jurisdiction (Devolutionsantrag) to the Kärnten Regional Government as the Spittal an der Drau District Administrative Authority (Bezirkshaupt-mannschaft) failed to decide within the statutory six months time-limit.
9.  Upon request of the Regional Government, the building office (Baubezirksamt) at the District Administrative Authority issued an expert opinion on 20 November 1998. This opinion was communicated to the applicant, who, on 26 March and 21 June 1999 respectively, submitted two opinions of the private experts H and M in reply.
10.  Meanwhile, on 26 May 1999, the building office at the District Administrative Authority, upon request of the Regional Government, commented on the private expert opinion of H. On 22 June 1999 the forestry inspection office (Bezirksforstinspektion) at the District Administrative Authority, upon request of the Regional Government, issued a further statement. Neither document was communicated to the applicant.
11.  On 7 July 1999, the Kärnten Regional Government allowed the applicant’s request for transfer of jurisdiction but dismissed his request for the permit under the Environmental Protection Act. It noted that, due to changes in the relevant legislation, the question whether a project was in accordance with the objectives of the area zoning plan was not any longer relevant in the proceedings concerning a permit under the Environmental Protection Act. The permit could, however, not be granted as the tool shed had an adverse effect on the character of the concerned landscape. The Regional Government referred in this regard to the official expert’s opinion of 20 November 1998, who had found that the project led to urban sprawl. The Regional Government further noted that the construction of the tool shed was not a measure of public interest. It referred in this regard to expert opinions submitted in the previous proceedings which had found that the tool shed was not necessary for the cultivation of the applicant’s forest. The Regional Government finally noted that the applicant had only alleged that he would rent another 5 hectares and had not submitted the rent contract.
12.  The applicant filed a complaint with the Administrative Court (Verwaltungsgerichtshof) and requested it to hold a hearing. Referring to the findings of the two private expert opinions he had submitted in the proceedings before the Regional Government, the applicant contested the Regional Government’s conclusions. The applicant further complained that the Regional Government had not given sufficient reasons as to why it preferred the findings of the official expert against those of the private expert opinions. In the view of the divergent findings of the experts the Regional Government should have taken another expert opinion. He finally submitted that the Regional Government should have requested him to submit the rent contract if it considered this relevant for the proceedings at issue.
13.  On 25 October 1999 the Regional Government submitted its comments on the applicant’s complaint. It noted inter alia that the private expert opinions had been examined by the building office at the District Administrative Authority. The findings of the private experts were, however, not suitable to disprove the findings of the official expert. In his further comments of 11 December 1999 the applicant complained that he had not been informed about the examination by the building office of the private experts’ opinions and had, therefore, not been able to comment on it.
14.  On 21 March 2001 the Administrative Court dismissed the applicant’s complaint and the request for a hearing. It confirmed the Regional Government’s conclusions and, giving extensive reasons, found that the findings of the private experts had not been relevant and had not disproved the opinion of the official expert. It referred inter alia to an official expert opinion submitted in previous proceedings and the forestry inspection office’s statement of 22 June 1999 which referred to this opinion.
The Administrative Court’s decision was served on the applicant’s counsel on 9 April 2001.
15.  The applicant subsequently removed the tool shed.